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About the Amicus Library
Welcome to the Amicus Project library. Here you will find copies of the briefs we have filed on behalf of insurance consumers. UP brings a unique consumer voice before courts confronting insurance issues - reminding judges that there are real people who have suffered real loss behind the case captions.
At the time UP published its 2011 report entitled: "Twenty Years Protecting, Defending and Advancing Policyholders Rights" we had filed 300+ briefs since our founding in 1991. UP's Amicus Project output has grown exponentially and more and more courts are hearing our voice and adopting our arguments.
UP's Amicus Project is made possible by the hundreds of dedicated policyholder attorneys who generously volunteer their time to write our briefs. Click here to view the attorneys who make up our Amicus Project Team.
To request that UP weigh in on a case, please complete this Request Form.
Amicus Library
Year:
2016
Court:
U.S. Court of Appeals, 11th Circuit
Issue:
Duty to Defend, Construction Defect
State:
Florida
Under Florida law, the duty to defend under a liability policy is triggered when the complaint brought by a third party against the insured alleges any cause of action or damages that create even... Read more
Year:
2016
Court:
Oregon Supreme Court
Issue:
Contract Interpretation, Ambiguous terms
State:
Oregon
In an insurer v.
Year:
2016
Court:
California Supreme Court
Issue:
Reasonable Expectations/Contra Proferentem, Contract Interpretation
State:
California
In a theft case, UP submitted a letter supporting review on two grounds: First, the trial and appellate courts erred in allowing a motion for summary judgment to survive despite a reasonable... Read more
Year:
2016
Court:
Tennessee Supreme Court
Issue:
Punitive Damages, Bad Faith (Tortious Breach of an Insurance Contract)
State:
Tennessee
In many jurisdictions when an insurance company breaches an insurance contract, it not only is required to pay what it owed originally and wrongfully delayed or denied, it also must pay a
Year:
2016
Court:
New Jersey Supreme Court
Issue:
What is an occurrence, Reasonable expectations
State:
New Jersey
The vast majority of states that have addressed the issue of what is an "occurrence" under a commercial general liability policy have reached the conclusion that construction defect claims are... Read more
Year:
2016
Court:
California Supreme Court (California Court of Appeal, Second Appellate District, Division One)
Issue:
Replacement Cost Value, Regulatory Authority, Underinsurance
State:
California
In response to the widespread underinsurance crisis following the 2003 and 2007 San Diego wildfires, the California Department of Insurance promulgated a set of regulations which required agents/... Read more
Year:
2016
Court:
U.S. Court of Appeals, 3rd Circuit
Issue:
Contract Interpretation, Ambiguous Terms
State:
Pennsylvania
Under Pennsylvania law, insurers have the burden to prove that an exception applies in order to deny coverage.
Year:
2016
Court:
Colorado Supreme Court
Issue:
Protective orders, Claims handling procedures
State:
Colorado
Absent a legitimate justification, insurers may not seek protective orders for internal documents on claims handling procedures sought in discovery which may indicate a pattern and practice, or at... Read more
Year:
2016
Court:
New York Court of Appeals
Issue:
Allocation and Contribution, Asbestos/long-tail liabilities
State:
New York
Joined by co-amici the Asbestos PI Trust, ASARCO Asbestos Personal Injury Trust, Duro Dyne Corporation, ... Read more
Year:
2015
Court:
Connecticut Appellate Court
Issue:
Allocation and contribution of defense and indemnity costs
State:
Connecticut
Where a business purchases insurance to cover specific risks (here asbestos) an insurer may not "pro-rate" its liability based on an exclusion, when additional, different insurance is not... Read more